CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 16507
...rected a verdict at the close of all the evidence. We agree with this second argument. The Muscares gave appellants a warranty deed which is substantially the same as the form for warranty deeds prescribed by Section
689.02, Florida Statutes (1975). Section
689.03, Florida Statutes (1975), provides that a conveyance executed substantially in the form set out in Section
689.02 "shall be held to be a warranty deed with full common law covenants, and shall just as effectually bind the grantor, and...
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...hough paid, is not an encumbrance within the covenant against encumbrances in a Florida statutory warranty deed." [1] *472 Appellants' cause of action arose solely out of the statutory warranty deed executed to them by Mrs. Mayfield. Florida Statute 689.03 provides, inter alia: "......
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Coakley for breach of the covenant against encumbrances. On this uncontradicted record, the trial judge nonetheless issued final judgment in favor of the defendant. We reverse. Pursuant to the warranty deed, the grantor covenants that the land is free and clear of encumbrances, § 689.03, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1661
...ach of statutory warranties in a deed which has no reservation for the road?' "Our statutory form of warranty deed imposes upon the grantors all the obligations and gives the grantee all the protection of the `full common law covenants' of warranty. Section 689.03 F.S.A....
CopyPublished | District Court of Appeal of Florida | 1964 Fla. App. LEXIS 3945
...e. The appellants urge that, inasmuch as the form of the deed in question was that set forth in §
689.02, Fla.Stat., F.S.A., except for certain words of limitation which were added, the deed was one containing full common-law covenants by virtue of §
689.03, Fla.Stat., F.S.A., 1 limited only by the words “claiming or to claim the same by, through and under the grantor herein.” It is thereupon argued that the words of limitation quoted were not sufficient to eliminate the common-law covenant of seisin....
...The covenants as such have no operative effect; they simply define the scope of the liability of the grantor for breach of covenant if less than an indefeasible title is passed. * * * ” We find this statement to be in accord with the general law on the subject. Affirmed. . “689.03 Effect of such deed....
CopyPublished | Supreme Court of Florida | 1953 Fla. LEXIS 1086
...Spencer Bond and Louette Nottingham Bond, his wife.” This deed on its face appeared to create an estate by the entireties in S. Spencer Bond and Lou-ette Nottingham Bond to the property here involved. The deeds were substantially in the statutory form recognized in this state, and under Section 689.03, Florida Statutes, F.S.A., are deemed to contain the basic common law covenants....
